Oklahoma City DUI
Today in Oklahoma City Municipal Court, Phillips and Bailey were successful in having the DUI case against one of our clients dismissed. Phillips & Bailey is one of Oklahoma's top criminal defense attorneys. Contact them to see how they can help with your DUI or other traffic related criminal charges.
Bail Reduced for Oklahoma Teacher Accused of 2nd Degree Rape
When the bail for a teacher accused of second degree rape was set at half a million dollars, his Oklahoma City sex crimes defense attorney argued that the amount was much too high. According to his lawyer, Tyrone Lamont Nash, 32, does not pose a flight risk, and therefore should have his bail reduced. Judge Jerry Bass agreed, dramatically reducing bail from $500,000 to $50,000. The judge reportedly told the courtroom that, because of Nash's ties to the community, he does not feel that the accused man is at risk of becoming a fugitive from justice.
Nash, a basketball coach at Western Heights High School in Oklahoma City, was charged with five counts each of second degree rape and forcible oral sodomy after a student told authorities that she had a sexual relationship with the teacher spanning two years. Allegedly, the most recent encounter was in March, and the student ended the relationship the same month.
Though the sexual contact was allegedly consensual, under Oklahoma rape laws, no one under the age of 16 is able to legally consent to sexual intercourse. The student alleged to be involved with Nash is a minor under 16. Furthermore, even if the girl had been past the age of consent, a teacher (or administrator or school employee) is not allowed to engage in sexual activity with a student. Because the girl was both a minor and a student, Nash, as a teacher, is charged with second degree rape in Oklahoma City.
In Oklahoma second degree rape is a felony punishable by one to fifteen years in prison and mandatory Oklahoma Sex Offender Registration. Even if Nash is acquitted of the alleged crime, he faces certain restrictions while awaiting trial. Under the terms of his bail, Nash is not allowed to have contact with anyone under the age of 18. He must observe a curfew between 6:00 p.m. and 6:00 a.m., and he must check in twice weekly with a pretrial release program.
For anyone accused of a sex crime in Oklahoma, personal liberties are restricted immediately. For the best protection of your rights up to, throughout, and following your trial, contact a qualified Oklahoma sex crimes lawyer.
Woman Sentenced in Fatal Oklahoma City DUI Accident
A woman was sentenced last week after her conviction for a fatal DUI in Oklahoma City. Tara Lynn Flores, of Oklahoma City, was sentenced to one year in a private correctional facility for her role in the 2008 death of Sonya Flores-Rabago, 26.
According to the charges, Flores, then 23, met Flores-Rabago at a nightclub on October 26, 2008, and offered to give the woman a ride home, even though both women were intoxicated. Around 2:00 a.m., Flores was driving south on Interstate 35 when her car left the road, struck a concrete wall, and came to a stop on the outside southbound lane, where it was struck by another vehicle on the driver's side. Flores-Rabago was thrown from the car and pronounced dead at the scene. Flores was paralyzed from the waist down.
Flores' Oklahoma City DUI defense attorney told the court that her client was remorseful for her actions. Flores received one year in a correctional facility with nine years suspended after her DUI manslaughter conviction. She is expected to receive alcohol rehabilitation while incarcerated.
Under Oklahoma DUI law, a fatal drunk driving accident can be charged a number of ways, depending on the circumstances of the accident. An alcohol related death may be charged as:
- Negligent Homicide - A misdemeanor punishable by up to one year in jail
- Manslaughter - A felony punishable by four years to life in prison
- Second Degree Murder - A felony punishable by ten years to life in prison
If one has been convicted of a DUI within the ten years preceding the fatal accident, it is possible to be charged with Second degree murder, a crime which not only carries a minimum sentence of ten years in prison, but is also subject to the 85% Rule, which means that 85% of the sentence must be served before the convicted person becomes eligible for parole.
In light of the possible sentencing for Tara Lynn Flores's crime, a sentence of one year is relatively light. Of course, she must pay for the rest of her life through her paralysis and the loss of her friend, but her criminal penalties were mitigated by the circumstances of the case.
If you have been charged with an alcohol-related death, negligent homicide, or DUI manslaughter, turn to an experienced Oklahoma City criminal defense lawyer for help.
Rape 1 Case
A Rape 1 Case against our client was dismissed today in Oklahoma County court. This adds to Phillips & Bailey's long history of successfully defending our clients in sex related cases.
Fraud Crimes in Oklahoma
Perhaps no criminal category encompasses more specific actions than fraud. An Oklahoma fraud lawyer handles cases involving misrepresentation of oneself, one's identity, and one's business. Types of fraud include:
- Medicare Fraud
- Medicaid Fraud
- Insurance Fraud
- Tax Fraud
- Credit Card Fraud
- Wire Fraud
- Mail Fraud
- Bank Fraud
- Welfare Fraud
- Securities Fraud
- Computer Fraud
- Telemarketing Fraud
- Worker's Compensation Fraud
- Identity Theft
- Counterfeiting
- Forgery
Though this is a long list of fraudulent activities, it is merely the tip of the iceberg when dealing with the various types of white collar crimes, which also include embezzlement, extortion, bribery, blackmail, and more.
Last week saw three cases of fraud in Oklahoma making headlines:
On Thursday, Lewis Colbert, an ex-businessman from Norman, pleaded guilty to conspiracy to commit wire fraud. Colbert, of McSha Properties, was accused of creating false construction invoices in order to defraud the government out of tax credits. He pleaded guilty to his role in the scheme, which inflated construction costs for low-income housing projects that qualified for tax credits. The scheme is estimated to have netted the company between 2.5 and 7 million dollars. Colbert is scheduled for sentencing December 15. He faces up to 20 years in prison.
Also on Thursday, the state's attorney general's office stated that two people were charged in separate incidents with worker's compensation fraud in Oklahoma.
Raul Obed Orozco, 50, was charged with three counts of worker's compensation fraud. The Perry man is alleged to have sought medical treatment for three separate fraudulent work injury claims in 2009, 2010, and 2011.
Tulsa's Zeina Khatib, 49, has been charged with one count of worker's compensation fraud. She claims to have sustained injuries during a fall at work in March 2010. Khatib claims that she has been unable to work as a result of her numerous injuries, and in a deposition, said that she has not returned to work since her injuries were sustained in a workplace accident. However, investigators allege that they have witnessed Khatib working.
By misrepresenting expenses or the severity of one's injuries, one commits fraud. Fraud is almost always committed with the intent of financial gain; however, it is a criminal offense that could backfire in the long run, completely eliminating any gain and saddling the defendant with a lengthy jail sentence and a criminal record. If you have been charged with fraud, if you are being investigated for fraud, or if you even suspect that you might be under suspicion of fraud, it is in your best interest to immediately cease the questionable activity and contact an experienced Oklahoma City white collar crime defense attorney.
1st Degree Burglary
1st Degree Burglary charges against our client were dismissed today in Johnston County Court. If you need a successful Oklahoma criminal defense lawyer on your side, contact Phillips & Bailey.
Oklahoma Child Sex Abuse Conviction Overturned
The 2010 Oklahoma child sex abuse conviction of Kent Faulkner, 47, has been overturned by the Oklahoma Court of Criminal Appeals. Faulkner had been sentenced to 35 years in prison after being convicted of molesting his adopted child.
The conviction was overturned because an assistant district attorney prosecuting Faulkner had once represented him in another case. According to the state court of appeals, the assistant district attorney should have been disqualified from the case.
The appeals court ruling released last week finds that Assistant District Attorney Maxey Parker Reilly once represented Faulkner's attempt to gain guardianship, and then the adoption, of the child he was accused of molesting. The court found that in prosecuting Faulkner of Oklahoma child sexual abuse, Reilly not only investigated the sex abuse claim and interviewed the alleged victim, but also presented the state's case at Faulkner's preliminary hearing.
The Oklahoma Court of Appeals has ordered a new trial for Kent Faulkner.
If you are convicted of any crime, your Oklahoma criminal defense lawyer can help you proceed with an appeal of the conviction. Potential grounds for appeal include legal errors, juror misconduct, and ineffective assistance of counsel. If any of these factors may have affected the outcome of the trial, the appellate court may find suitable reason for appeal. However, even if errors were made, if they are found not to have influenced the outcome of the trial, they are held harmless and the overturning of the conviction is not likely.
Legal errors which may result in a guilty verdict being overturned include:
- improperly admitted evidence
- incorrect jury instructions
- lack of sufficient evidence to support the guilty verdict.
Juror misconduct may include:
- the use of experiments
- drug or alcohol abuse during deliberations or trial
- improper communications between jurors and witnesses or counsel.
If an Oklahoma criminal lawyer does not adequately fulfill his duty to defend the client, and this failure likely changed the outcome of the trial, a defendant has reasonable grounds to appeal the conviction.
For more information on criminal appeals in Oklahoma, contact an experienced criminal defense attorney in Oklahoma City.
Man Convicted of Child Molestation in Oklahoma Arrested in GA
An Oklahoma man who failed to show up for the remainder of his child molestation trial was arrested Wednesday in another state. Kent Savage, 48, of Edmond, was arrested by sheriff's deputies acting on an anonymous tip in Coweta County, Georgia. Savage was staying at the home of his ex-wife. Police said they were especially concerned because Savage's two young children were also living at the home.
According to Oklahoma County sheriff's spokesman Mike Myers, Savage is fighting extradition back to Oklahoma. He refused to sign a waiver, and the Oklahoma County sheriff's department will proceed by getting a governor's warrant. Once the warrant is signed, sheriff's deputies from Oklahoma will travel to pick up Kent Savage and bring him back to Oklahoma.
In June, Savage was on trial for charges of child rape in Oklahoma. He appeared for the first three days of his trial, but on the fourth day, he failed to show. The judge proceeded with the trial, continuing to hear testimony despite the absence of the defendant. In his absence, Savage was convicted on multiple counts, including ten counts of lewd acts with a minor in Oklahoma, two counts of rape by instrumentation, and two counts of exhibiting obscene materials to a child. His conviction came as the result of accusations of the Oklahoma child molestation of three girls. He was sentenced to 186 years in prison.
When it comes to a criminal court trial, walking away is never the best option. Despite a defendant's desire to escape his or her situation, a failure to appear in court only compounds ones legal troubles. In the case of Kent Savage, not only was he unable to avoid conviction, but he now faces additional charges as a result of his failure to appear.
If you are facing criminal charges, contact a qualified Oklahoma criminal defense attorney who can best advise you how to proceed with your case.
Larceny of Merchandise
The case against a Phillips and Bailey client for Larceny of Merchandise was dismissed yesterday in Oklahoma City Municipal Court. If you are looking for a top criminal defense lawyer in Oklahoma, get a free case evaluation from Phillips & Bailey now.
Oklahoma Sex Offender Registration Challenged
The Oklahoma Sex Offender Registration requirements are continually being revised and strengthened. The requirements are often made retroactive, which can extend mandatory registration far beyond the original sentence. One man, with the help of his Oklahoma sex offender defense attorney, is challenging his requirement to register as a sex offender for life.
James Michael Starkey, Sr., of Hallett, pleaded no contest to a charge of sexually assaulting a minor in a neighboring state in 1997. He received a deferred sentence and completed court ordered counseling that determined he was not a pedophile. However, when he returned to Oklahoma the following year, he was required to register as an Oklahoma Sex Offender for 10 years based on his deferred sentence in another state.
Though more than ten years has lapsed since his initial registration, Starkey is still required to register as a sex offender in Oklahoma. In fact, he is now required to register for life.
What happened to extend Starkey's registration requirements? Has he committed more sex crimes in Oklahoma? Has he violated the terms of his probation or failed to register?
No.
In fact, Starkey has no further arrests. Rather, the legislation concerning Oklahoma Sex Offender registration has changed. When the law mandating the length of registration for certain offenses was strengthened, it was made retroactive. Starkey and his Oklahoma sex crimes lawyer argue that the law cannot be enacted retroactively. An Oklahoma County District Judge has already ruled in Starkey's favor, and the decision is now presented to the Oklahoma Supreme Court to either affirm or change.
It is estimated that there are 6,600 people on the Oklahoma Sex Offender Registry. If the Oklahoma Supreme Court orders that the state Department of Corrections cannot enforce registration retroactively, Starkey and approximately 60 other registered sex offenders would be removed from the list immediately. Many others who would have been required to remain on the list for a lifetime as a result of retroactively applied registration will eventually pass off the list as their original terms are completed.
Those who have been unfairly required to comply with the Oklahoma Sex Offender Registration Act beyond their original sentence should contact an experienced Oklahoma sex offender lawyer who can explain their rights and options.